Does the FMLA guarantee job protection for an employee returning from active military service?

Yes, the Family and Medical Leave Act (FMLA) guarantees job protection for employees returning from active military service in California. Under federal law, employers with 50 or more employees must give up to 12 weeks of job-protected leave to an employee who is returning from active military service. During this leave, the employer must maintain the employee’s health insurance, and the employer must also restore the employee to their original job, or to an equivalent job, upon their return. If applicable, the employer must also provide any other benefits and privilege that were available prior to the FMLA leave being taken. In addition, the employer cannot discriminate against the employee because they took leave or because they are a member of the military. The employee also is eligible to receive any wages they would have earned while they were on leave, such as wages or bonuses. The FMLA also extends to military families. Employees are able to take unpaid leave if they need to care for an injured or ill family member due to active military service. This can include up to 26 weeks of leave over a 12-month period. Overall, the FMLA provides job protection and other benefits to employees returning from active military service in California. This is an important law that ensures military personnel and their families are protected and can focus on their health and well-being without the worry of job security.

Related FAQs

Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?
If I am already out on FMLA leave, can I take additional FMLA leave?
Can I take FMLA leave for my own medical appointment?
Can I take FMLA leave for a family member's illness?
How does the FMLA affect an employee's eligibility for benefits?
Can I take FMLA leave for my own illness?
Are employers required to grant intermittent or reduced schedule FMLA leave?
Can an employee be required to pay for health benefits while on FMLA leave?
Am I required to give my employer notice before taking FMLA leave?
Are employees entitled to job-protected leave for the death of a family member?

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